The Labour-controlled Vale of Glamorgan Council is attempting to remove legal restrictions made by the old South Glamorgan Council which forbid housing development on land adjacent to St Joseph’s School, Penarth.
A restrictive covenant – a legal instrument – applies to the plot of 5.89 acres and dictates that the now privately-owned land can only be used for agriculture of as a public open space.
This is the same plot of land – leading off the narrow and winding Sully Road – for which David Wilson Homes last September received full planning permission to build 74 homes. [ David Wilson Homes was a part of Wilson Bowden Properties but in 2007 was sold for £2.2 billion to Barratt Developments PLC – of which it is now just a brand].The deal is subject only to pending agreement on how much Section 106 money the developers will have to pay to the Vale Council.
However, the project can’t go ahead until the defunct South Glamorgan Council’s restrictive covenant on the land – which is still valid – is removed. The far-sighted South Glamorgan Council, which originally owned the land, wanted the area to remain undeveloped rural farmland and would never have sold it without imposing a condition prohibiting such development on the buyer.
Now the Labour-controlled Vale of Glamorgan Council wants to ditch the legal protection which the land had been given by the South Glamorgan Council
The Vale of Glamorgan Council says “officers within Learning and Skills and the Estates Department are of the opinion that the restrictive covenant is no longer of benefit to the Council”. It appears that no one has consulted local people whether they agree to the removal of the restrictive covenant – which was placed on the land to protect their interests by South Glamorgan Council.
The development of the site will add 74 homes to the 350 Taylor Wimpey homes given outline permission at Cog Road at the Sully end of congested Sully road with another potential 150 to be added .
Sully also faces the prospect of an additional 200 homes being built on the grounds of what’s known as the BP Club which would bring the total of new homes to a total of 774 – thus adding considerably to the traffic congestion in Penarth and the pressure on Penarth schools .